Regulations of Chongqing Municipality on Bidding (revised on 20 18)

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Bidding Law of People's Republic of China (PRC), the Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC) and other relevant laws and administrative regulations, and in light of the actual situation of this Municipality, in order to standardize the bidding activities and protect the national interests, social public interests and the legitimate rights and interests of the parties involved in the bidding activities. Article 2 These Regulations shall apply to the tendering and bidding activities within the administrative area of this Municipality and their supervision and management.

Where there are other provisions in the laws and regulations on government procurement of goods and services, such provisions shall prevail. Article 3 Bidding activities shall follow the principles of openness, fairness, impartiality and good faith.

State functionaries shall not illegally interfere in bidding activities in any way. Article 4 The municipal development and reform department is responsible for guiding, coordinating and comprehensively supervising the bidding work in the city, establishing a supervision and management system for bidding activities in conjunction with relevant departments, checking the supervision of bidding activities in the city and urging rectification, and supervising the bidding activities without the supervision of industry supervision departments. Municipal economic information, urban and rural construction, transportation, agriculture, foreign trade, land and housing management, municipal management, water conservancy, immigration, forestry, gardens and other departments shall, in accordance with the prescribed division of responsibilities, supervise bidding activities and investigate and deal with illegal acts in bidding activities according to law.

The development and reform departments of counties (autonomous counties) are responsible for guiding, coordinating and comprehensively supervising the bidding work within their respective administrative areas, inspecting and supervising the rectification of the supervision of bidding activities within their respective administrative areas, and supervising the bidding activities without the supervision of industry supervision departments. The relevant departments of counties (autonomous counties) shall supervise the bidding activities in accordance with the prescribed division of responsibilities, and investigate and deal with illegal acts in bidding activities according to law. Where the people's governments of counties (autonomous counties) have other provisions on the division of supervisory responsibilities related to bidding activities of their subordinate departments, such provisions shall prevail.

The financial departments of cities, counties (autonomous counties) shall supervise the budget implementation and government procurement policy implementation of government procurement construction projects at the corresponding level according to law.

City, district and county (autonomous county) supervisory organs shall supervise the monitoring objects related to bidding activities according to law. Article 5 The tendering and bidding activities in this Municipality shall be managed at different levels by cities, districts and counties (autonomous counties).

The tendering and bidding activities of projects approved, approved and filed by the Municipal People's Government and its competent department of project investment and submitted to the State for approval, approval and filing shall be supervised by the relevant administrative supervision departments of the Municipal People's Government. The relevant administrative supervision departments of the Municipal People's Government may also entrust the relevant administrative supervision departments of the counties (autonomous counties) where the project is located to supervise.

The tendering and bidding activities of projects approved, approved and filed by the people's governments of counties (autonomous counties) and their project investment departments shall be supervised by the relevant administrative supervision departments of the people's governments of counties (autonomous counties). Article 6 This Municipality shall establish a unified and standardized bidding and tendering trading place to provide services for bidding and tendering activities and provide necessary conditions for the supervision and management of bidding and tendering activities. Tendering and bidding trading places shall not be subordinate to administrative supervision departments, and shall not be for profit.

Projects that must be subject to tender according to law shall enter the bidding and tendering trading places. Encourage the use of information networks for electronic bidding. Article 7 A lawfully established tendering and bidding association shall strengthen industry self-discipline and service, and guide the healthy and orderly development of the tendering and bidding industry. Chapter II Bidding Article 8 Bidding methods are divided into open bidding and invited bidding. Projects that must be subject to tender according to law, in which state-owned funds occupy a controlling or leading position, shall be subject to public tender.

Engineering construction projects that must be subject to tender according to law, including engineering and goods, survey, design, supervision and other services related to engineering construction, shall be implemented in accordance with the relevant provisions approved by the State Council.

Where the people's governments of cities, districts and counties (autonomous counties) and their departments select project investors, operators and contractors through bidding, their bidding activities shall comply with the relevant provisions of bidding laws and regulations.

For construction projects that are not subject to tender according to law, the project unit may decide whether to invite tenders, and no unit or individual may force tenders. Article 9 A bidding scheme shall be prepared for a project that must be subject to bidding according to law. The bidding scheme includes the bidding scope, bidding method, bidding organization form and other related bidding contents.

If the project subject to tender according to law needs to go through the formalities of project examination and approval or filing in accordance with relevant regulations, the project unit shall submit the bidding scheme when submitting the project examination and approval report or filing. The competent department of project investment shall handle the formalities of examination and approval, approval and filing of the bidding scheme together with the formalities of examination and approval, approval and filing of the project, and inform the relevant administrative supervision departments of the determined bidding scheme in a timely manner.

If the project unit changes the bidding scheme, it shall re-apply in accordance with the original approval and filing procedures. Among them, the change of the bidding method for key projects determined by the Municipal People's Government shall be approved by the Municipal People's Government. Tenth any of the following special circumstances, in accordance with the relevant provisions of the state, can not be invited to tender:

(a) involving national security, state secrets, emergency rescue and disaster relief;

(two) belongs to the use of poverty alleviation funds to implement the work for the relief, the need to use migrant workers;

(3) It is necessary to adopt irreplaceable patents or proprietary technologies;

(four) the purchaser can build, produce or provide it by himself according to law;

(5) Investors of franchise projects selected through bidding may construct, produce or provide them by themselves according to law;

(six) the need to purchase projects, goods or services from the original winning bidder, otherwise it will affect the construction or functional requirements;

(7) The original winning bidder has the contracting capacity for the legally added main storey-adding project in the construction project, or the goods purchased through bidding need to be supplemented, and the original winning bidder has the supply capacity, and the supplementary amount does not exceed 10% of the original contract amount;

(eight) other special circumstances stipulated by the state.

A tenderer who practices fraud by applying the provisions of the preceding paragraph belongs to the evasion of bidding as stipulated in Article 4 of the Bidding Law of People's Republic of China (PRC).